Section 17
Section 17
Any person who imports, sells or exposes or has in his possession for sale or any purpose of trade or manufacture any goods or things to which a trade mark bearing any representation prohibited by section 16 is applied, shall be guilty of an offence under this Act.
Trade Descriptions 18.
(1)
The provisions of this Act respecting the applica-tion of a false trade description to goods or respecting goods to which a false trade description is applied shall extend to the application of goods of any such figures, words, or marks, or arrangement or combination thereof, whether in-cluding a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are, and the said provisions shall also extend to the goods to which such figures, words, or marks, or arrangement or combination thereof are applied.
Merchandise Marks
(2)
The provisions of this Act respecting the applica-tion of a false trade description to goods or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and for the purpose of this Act the expression "false name or initials" means, as applied to any goods, any name or initials of a person which-
(a)
are not a trade mark or part of a trade mark;
(b)
are identical with or a colourable imitation of the name or initials of a person carrying on business in connection with ·goods of the same description and not having authorised the use of such name or initials; or
(c)
are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods.
11 19.
(1)
A person shall be deemed to apply a trade ~ft~!~!~~~
description to goods who -
scriptions
(a)
applies it to the goods themselves; or
(b)
applies it to any covering, label, reel or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade or manufacture; or
(c)
places, encloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade or manufacture in, with, or to any covering label, reel or other thing to which a trade description has been applied; or
12
Application of false trade description is an offence
Importation, sale, etc., of goods to which a false description is applied is an offence
Merchandise Marks
(d)
uses a trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade description.
(2)
The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case frame or wrapper; and the expression "label" includes any band or ticket.
(3)
A trade description shall be deemed to be ap-plied whether it is woven, impressed or otherwise worked into or annexed or affixed to the goods or to any covering, label, reel or other thing.
(4)
Goods, delivered in pursuance of a request made by reference to a trade mark or trade description appearing in any sign, advertisement, invoice, wine list, business let-ter, business paper or other commercial communication, shall, for the purposes of paragraph (d) of subsection (1) be deemed to be goods in connexion with which the trade mark or trade description is used .
...